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Climate Strategies: ‘One Step at a Time’ or ‘Don’t Jump the Gun’??

Cross-posted from Legal Planet.

In some situations, voluntary efforts leads other people to join in, whereas in others, it encourages them to hold back.  There’s a similar issue about climate mitigation efforts at the national, regional, or state level.  Do these efforts really move the ball forward?  Or are they counterproductive, because other places increase their own carbon emissions or lose interest in negotiating?

A common sense reaction is that every ton of reduced carbon emissions means one less ton in the atmosphere.  But things aren’t quite that simple.  If we mandate more efficient cars, a number of other things might happen besides the immediate drop in emissions per mile: people might increase their driving because they don’t have to pay as much for gas; the same number of less efficient cars could be sold, but in other countries; or the reduced demand for gas might lower prices, leading to higher gas sales somewhere in the world. Other countries might feel that if we’re cutting emissions they can wait a little longer to address the issue.

There are also many reasons why our program might reduce emissions elsewhere.  Automakers might prefer to produce the same models for multiple markets, here and elsewhere.  Or the new technology may be appealing to consumers in other places.  Other places might see our regulations and decide to copy them.  And seeing that we are taking action could increase confidence that a bargain can be reached, improving prospects for negotiations.

There’s necessarily an element of speculation in all of this.  We can’t run experiments in which sub-global mitigation takes place on some planets while others do nothing pending a global agreement.  In a recent paper, I’ve tried to look at what limited evidence and modeling seems relevant. On balance, the optimistic view seems more plausible.  Acting locally while thinking globally may not be the ideal strategy, but it’s the best we have right now.

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Daniel Farber | July 17, 2012

Climate Strategies: ‘One Step at a Time’ or ‘Don’t Jump the Gun’??

Cross-posted from Legal Planet. In some situations, voluntary efforts leads other people to join in, whereas in others, it encourages them to hold back.  There’s a similar issue about climate mitigation efforts at the national, regional, or state level.  Do these efforts really move the ball forward?  Or are they counterproductive, because other places increase their […]

Alexandra Klass | July 13, 2012

Federalism at Work: Recent Developments in Public Trust Lawsuits to Limit Greenhouse Gas Emissions

In a CPRBlog post in May 2011, I discussed the lawsuits filed on behalf of children against all 50 states and several federal agencies alleging that these governmental entities have violated the common law public trust doctrine by failing to limit greenhouse gas emissions that contribute to climate change.  The suits were filed by Our […]

Lee Ewing | July 12, 2012

D.C. Circuit Rejects Developers’ Claim that EPA Must Form Small Business Panel

In a case that could have far reaching implications for agencies subject to the Regulatory Flexibility Act, the D.C. Circuit Court last month held that an EPA decision not to convene a small business advocacy review panel before issuing a rule was not judicially reviewable.  The decision by Judge Merrick Garland, for a unanimous 3-judge […]

Catherine O'Neill | July 11, 2012

Fish for the Future: Our Health and Livelihoods Depend on It

When environmental agencies set standards limiting toxic pollution in our waters, they theoretically aim to protect people who are exposed to these toxics by eating fish.  Currently, Washington state’s water quality standards protect only those who consume no more than one fish meal per month.  That means that those of us who eat more fish […]

Daniel Farber | July 9, 2012

The Romney Website’s Circular Blame Game

Cross-posted from Legal Planet. The Romney website portrays regulation as a huge drag on the economy. But it can’t decide who’s to blame. Is it all Obama’s fault? Or not just Obama, but a whole succession of Presidents, many of them presumably Republicans? Or is it bureaucrats who have overpowered all of these Presidents? The […]

Nicholas Vidargas | July 5, 2012

Environmental Justice and Chemical Security: Why EPA Should Use the General Duty Clause to Protect Vulnerable Communities

Around the nation, a huge number of facilities produce, store, handle, and process a toxic mix of hazardous chemicals every day.  According to EPA data, 483 of those facilities put 100,000 people or more at risk of a chemical disaster.  Worse, because facility siting decisions have historically been, and continue to be, deaf to impacts […]

Daniel Farber | July 3, 2012

Does Any Pollutant Mean ANY Pollutant?

Cross-posted from Legal Planet. It got less attention than it should because it was upstaged by the Supreme Court’s healthcare decision, but last week’s D.C. Circuit ruling on climate change was almost as important in its own way.  By upholding EPA’s regulations, the court validated the federal government’s main effort to control greenhouse gases.  To […]

Matthew Freeman | July 3, 2012

Columbia Journalism Review Calls Out Bloomberg Story on Regulation

Last week, The Washington Post ran a story about regulation, headlined, “Regulators surge in numbers while overseers shrink.” The story came from Bloomberg and was written by reporter Andrew Zajac. The headline captures the thrust of the piece. Zajac writes: As the U.S. government’s regulatory bureaucracy has ballooned, one agency has been left behind: the […]

David Driesen | June 29, 2012

Health Care’s New Commerce Clause: Implications for Environmental Law

Although the Supreme Court upheld the Affordable Care Act’s requirement that most individuals purchase health insurance (called the individual mandate) as within Congress’ power to levy taxes, it stated that Congress lacked the power to enact it under the Commerce Clause.  Under prior case law, Congress could regulate activities substantially affecting interstate commerce by any […]